Landlord issues

Sent you a PM with some potentially useful info.
 
The law says black on white:

If I don't pitch up for the inspection, the landlord needs to restore the premises and pay back deposit (minus any costs) within 21 days.
If I do pitch up and no costs are due, the deposit needs to be paid back within 7 days.
If I do pitch up and some costs are due, the deposit needs to be paid back within 14 days.
If I do pitch up and the inspection does not happen in my presence (which was the case here) for whatever reason - landlord has no claim and needs to pay back full deposit (doesn't say in which time frame, but given the other circumstances, it must also be 14 or 21 days I would assume)

This is according to the Rental Housing Act, it is law, so cannot really argue against it. My argument is, doesn't matter what, 2.5 months to hear from him is unacceptable and not counting in his favour at all.
 
Thank you for all the replies so far.

I also believe the Rental Tribune will laugh at his "lost income" or "management fee" charges...

I do not want to write off the deposit though, it is not fair - and I don't want him to go ahead and list me - 90% chance that he is bluffing and trying to scare me, and if he does go to court and get a judgment, I would be able to defend myself (probably successfully), but I want to avoid the hassle, the time off work, if possible.

I suppose if the Rental Tribune finds in my favour, he will have to accept their ruling and drop his ridiculous charges, and if he then still tries to list me he would really be very, very stupid.
 
MagicDude4Eva said:
Get a lawyer to draft a letter of demand to the landlord. This should not cost more than 2.5k.
Click to expand...

I reckon this would be effective, but sadly the total amount I want back is R4,200 so it is not really worth it. I would still accept losing the deposit, wouldn't be fair or ideal, but I can just drop it and say stuff them, but I kind of feel forced to fight because I don't want him to list me. Like I said, I would be very surprised if he really goes to that much trouble, but the effort and time and hassle and all to then fight that battle...and then it might end up costing me legal costs.

By the sound of it, I guess the Rental Tribunal might be the best option
 
wazup said:
I reckon this would be effective, but sadly the total amount I want back is R4,200 so it is not really worth it. I would still accept losing the deposit, wouldn't be fair or ideal, but I can just drop it and say stuff them, but I kind of feel forced to fight because I don't want him to list me. Like I said, I would be very surprised if he really goes to that much trouble, but the effort and time and hassle and all to then fight that battle...and then it might end up costing me legal costs.

By the sound of it, I guess the Rental Tribunal might be the best option
Click to expand...

I can't see how this guy could get a judgement against you, for several reasons:

1) The evidence is clearly in your favour, so much so that he would surely fail in his bid

2) The cost of losing a court battle to get a judgement against you would be several times more than just paying the deposit back to you
 
Contact your rental tribunal.

He can't list you as he is not a registered credit provider as far as I'm aware, but contact the National Credit Regulator in that regard just to make 100% sure. They may take issue with the fact that he is threatening that as well.

If he starts getting nastier about, just go to the small claims court and file a case for the deposit.
 
You might have a case of breach of contract from his side ... you did sign a contract for 12 months .. then he told you to move before the end of contract ...
 
wazup said:
I reckon this would be effective, but sadly the total amount I want back is R4,200 so it is not really worth it. I would still accept losing the deposit, wouldn't be fair or ideal, but I can just drop it and say stuff them, but I kind of feel forced to fight because I don't want him to list me. Like I said, I would be very surprised if he really goes to that much trouble, but the effort and time and hassle and all to then fight that battle...and then it might end up costing me legal costs.

By the sound of it, I guess the Rental Tribunal might be the best option
Click to expand...

You would only commission a lawyer to review your case and issue a letter of demand to refund what is owed to you and cease from threats of blacklisting. The landlord will then either back off, or you will have to go the legal route anyway. I think if you consider the amount of time you spent on it already, it is worth it to pawn this off to a lawyer - I typically do it like this "I have the following legal matter, please draft a letter of demand to protect my right, I don't want to spend more than XX on this"
 
MagicDude4Eva said:
You would only commission a lawyer to review your case and issue a letter of demand to refund what is owed to you and cease from threats of blacklisting. The landlord will then either back off, or you will have to go the legal route anyway. I think if you consider the amount of time you spent on it already, it is worth it to pawn this off to a lawyer - I typically do it like this "I have the following legal matter, please draft a letter of demand to protect my right, I don't want to spend more than XX on this"
Click to expand...

Ask the landlord you want his demands on a document and signed by him
Then when he handed it to him ask him you will take letter to your lawyer and if landlord in wrong will take him to small claims court for the costs incurred.
 
I am just thinking of something now...

While my landlord may not be a registered credit provider, can't he hand me over to a collection agency, or attorneys, who do have the authority to list me? And then those guys add fees and stuff and then it gets harder to win such a case (more time and effort and costs to get them off my back?)
 
Very much doubt the landlord is doing anything other than being a meanie in hope he intimidates you into paying/giving up your deposit. It's not worth his time or money pursuing such a small amount leagally. He's a just a nasty piece of work and it costs him nothing to try scare tactics, now you need to deal him a hand that shows you are calling his bluff and demand that he pay back what's rightfully yours and back off.

That's what you need to find now, your next step that shows him you know his game and exposes his weakness. He's a chancer but I'm sure he knows it and will stop dead in his tracks when he realises his ruse is up. Face him as an adult(not saying you aren't one but guys like this normally know how to pull your strings) , not engaging in games or bending to intimations of fear, listen fool get the f#*c out my face and pay the money back or ".......". Whats the "........" that catches him?

As mentioned a lawyers letter is good one, actually if you've never used a lawyer before now is a perfect opportunity to see how effective they can be, very worthwhile lesson and in this instance rather cheap.
 
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